4 BECKET STREET - BUILDING JACKET F4 BECKET STREET
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DECISION 80 THE PETITION OF DENISE MACKAY
FOR A SPECIAL PERMIT A7 (R~2)
& hearing on this petition was held October 20, 1993 with the following
Board Members present: Francis X. Crealiob, Chairman; George Ahmed,
Stephen Toocbette and Associate Member LuDrecgne. Notice of the hearing
was sent to abutters and others and notices of the hearing were properly
published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner, owner of the property, is requesting u Special Permit to allow
an existing deck that encroaches on the already nonconforming rear setback.
Property is located in the B-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for u Special Permit is Section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-6^ grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing unocuufuomiog
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that u Special Permit request may be granted
upon u finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
The Board of Appeal, after careful consideration of the evidence presented
at the hearing, and after viewing the plans, makes the following findings
of fact:
l. There was on opposition to the petitioners request.
2. The deck as currently exists on the site does not extend beyond the
existing nonconforming rear setback.
3. The existing deck is located on the most feasible portion of the
property.
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32
DECISION ON THE PETITION OF DENISE MACKAY
FOR A SPECIAL PERMIT AT 4 BECKET STREET, SALEM
page two
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The Special Permit requested can be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent of the district or the purpose of the Ordinance.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. Existing deck shall remain as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety are to be strictly adhered to.
4. Petitioner shall obtain a building permit.
George A. Ahmed, Secretary
Board of appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
MGL Chapter 40A. , and shall be filed within 20 days after the date of
filing of this decision in the office of the City Clerk. Pursuant to MGL
Chapter 40A. , Section 11, the Special Permit granted herein shall not take
effect until a copy of the decision bearing the certification of the City
Clerk that 20 days have elapsed and no appeal has been filed, or that, if
such appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of
Title.
Board of Appeal
CITY-OF
�3y9
PUBLIC PROPERTY
DEPARTMENT T
MAYM 120 wnswaw rM srn
1t7..:973•74s.9595•Rh=M740.9so Ch
APPLICATION FOR THE REPAIR. RENOVATION CONSTRUCTION
DEMOLITION. OR CHANGE OF USE OR OCCUPANCY FOR ANY EXISTING
STRUCTURE OR BUILDING
1.0 SITE INFORMATION
Location Name: ! / Building:
Property Address:
Property is located in a; Conservation Area Ym /I./ Historic District YM XL
2.0 OWNERSHIP INFORMATION
" 2.1 Owner of Land `
Name: (JL
Address:
7
Telephone:
3.0 COMPLETE THIS SECTION FOR WORK IN Of"STING BUILDINGS ONLY
Addition Existing
Renovation Number of Stories Renovated
Change in Use New
Demolition Existing
Approximate year of Area per floor (sf) Renovated
construction or renovation
of existing building New
Brief Description roposed Work:
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Mail Permit to: - - j
What is the current use of the Building?
Material of Building? If dwelling.how many units?
�j Asbestos?
will the Building Conform to Law?
Architects Name ( )
Address and Phone C
__�MechanjWes Name
Address and Phone HIC Registratbn# l d
Construction Supervises License#
_ Permit Fee Calculatlon
Estimated Cost 1`= ted
Es a Cost X$7/$l000 Residential
Permit Fee$
Estimated Cost X$"/$1000 Commercial
An Additional $5.00 Is added as an
Administrative charge.
Make sure that all fields are properly and legibly written to avoid delays in processing.
The undersigned does hereby apply for a Building Permit to build to the abov led
specifications. Signed.under penalty of perjury /�
Date
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